HIT AND RUN LAWYER

When you are the victim of a hit and run, you may be entitled to benefits under Michigan’s No-Fault Act, including medical bill payments, replacement services, and lost wages. It is also possible to recover damages for pain and suffering, loss of enjoyment, and other non-economic losses.

Under Michigan’s No-Fault Act, a victim of a hit and run auto accident is entitled to the same benefits as any other auto accident victim, though determining the party responsible for paying those rights might be confusing.

When the responsible party leaves the scene of the accident, once found, they may find themselves subject to a criminal action. They might also face a civil action by the victim. Successfully litigating a hit and run action requires proving that the alleged offending party is responsible. Proving responsibility becomes easier when the offender is identified, caught, and convicted criminally. However, there are still rights and options even when the offender is not caught.

If the driver is identified, a lawsuit may then be filed against the driver and the owner of the vehicle. The matter continues as a usual No-Fault action, without much, if any distinction.

If, however, the driver is not identified, the victim may still be entitled to No-Fault benefits from their insurance provider, of the insurance provided to a family member with whom they live. The policy of either the victim, or the resident family member, must include an uninsured motorist provision. Many uninsured motorist policies require a police report. To avoid forfeiting the policy, the victim should report the accident as soon as possible.

There may be any number of ways in which this might occur. Some of the most common forms of hit and run accidents are the following:

1. When a pedestrian is hit by a driver while on the shoulder of a highway or road

2. A driver, not paying attention to the road, i.e., distracted by a phone, a conversation, music, etc., hits another vehicle or person, and continues

3. Drivers who just do not care about those around them, and attempt to ignore the impact of their actions

4. People driving while intoxicated, or using other altering substances, who leave the accident in order to avoid arrest

5. Criminals driving stolen vehicles, or otherwise evading law enforcement.

6. Drivers who unknowingly hit pedestrians or bicyclists

Such accidents account for about 10% of automobile accidents in Michigan.

As with any litigation, predictions related to a hit and run related lawsuit are difficult and depend upon multiple factors. That being said, injuries sustained, medical treatments, at home care, and the permanence of the injuries should all be taken into consideration when pursuing resolution. Even in an uninsured motorist claim, pain and suffering damages, such as mental anguish, lost income, disability, etc., might be available, just as they would with an identified driver.

Read more: Do You Still Have a Hit and Run Case if You Were Jaywalking?

Pedestrians have a responsibility to follow traffic laws when walking on Michigan roads. Even so, a jaywalker may have an accident claim after a collision with a hit and run driver.

What Is Jaywalking?

Jaywalking means crossing or walking in the street illegally. If a person walks across a road outside of a designated crosswalk or crosses when there is a “Don’t Walk” sign, the person is jaywalking.

Michigan does not have a specific statewide law against jaywalking. Instead, each local jurisdiction creates its own ordinances and enforces them as it sees fit.

Why Is It Called Jaywalking?

The word “jaywalker” springs from the old expression “jay-driver,” which was someone who drove a carriage on the wrong side of the road. (“Jay” meant a foolish or ignorant person.) People began to say those who walked on the left side of the sidewalk were “jaywalking.”

Before automobiles appeared, people roamed the streets freely and could more easily dodge oncoming carriages. As cars became more popular, pedestrian fatalities grew.

For safety, lawmakers designated crosswalks for foot traffic on roads. Government safety posters spoke out against jaywalking, now referring to someone mindlessly crossing the middle of the street, and the term caught on.

What Do You Do After a Hit and Run Accident if You Were Jaywalking?

Pedestrian hit and run victims should talk to a capable lawyer to determine their rights and options. A driver may have some liability for an accident with a jaywalker. If the motorist was negligent in any way, that person must cover the appropriate percentage of damages to the injured pedestrian.

Though jaywalking is illegal, a hit and run is a more serious offense that brings felony charges. Drivers must stop, check others for injuries and exchange information after an accident. A fleeing motorist who struck a jaywalker likely has a level of negligence.

Regardless of who is responsible, Michigan’s no-fault laws cover pedestrians in an auto accident, either through the driver’s insurance, a family member’s coverage or the Michigan Assigned Claims Plan.

Read more: Is It Worth Hiring a Hit And Run Lawyer?

Hit-and-run accidents are becoming more dangerous. The number of fatalities they cause across the U.S. has increased by 26% since 2019. In Michigan, 54 people died in hit-and-run crashes in 2019 and more than 1,300 experienced injuries.

Failing to stop after a car accident is illegal in Michigan, and if caught, the person can face misdemeanor or felony charges. That doesn’t deter some people from fleeing the scene anyway. What are your options if you’re the victim of a hit-and-run accident?

No-Fault Insurance

Michigan is a no-fault insurance state. It means that if you’re in an accident resulting in damages, you file a claim with your own insurance company. Hopefully, your policy will cover all your expenses, and you won’t have anything to worry about.

However, if your expenses cost more than your policy limits, you may be left with unpaid bills. This may be your situation if you sustained severe injuries in the accident and have high medical bills, time away from work and lost wages.

Finding the Driver

Finding a hit-and-run driver is possible. Law enforcement can use surveillance cameras, search for evidence or interview witnesses to track down the person who caused the accident. If they find the driver, you can file a personal injury lawsuit. This step can help you recover damages not covered by your insurance policy.

If you cannot find the driver, you can consult a hit-and-run lawyer. An attorney can begin an investigation. If your attorney locates the party, you can get compensation for the losses beyond your insurance coverage.

Whether you need help finding the at-fault driver, want to file a claim or have other questions, a hit-and-run attorney can help. You can also call for a free consultation to determine if you have a claim.